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MANOJ KUMAR GUPTA, PRASHANT KUMAR
Santosh Preservation Pvt. Ltd. – Appellant
Versus
Dakshinanachal Vidyut Vitran Nigam Ltd. – Respondent
JUDGMENT :
BACKDROP
1. The petitioners were having a contracted power load of 280 KVA for running a cold storage. The tariff applicable was HV-2, with facility of MRI downloading. On 12.06.2019, a checking was made at the petitioners' premises and window seal of Main meter and TP seal of NET meter were found tampered. On opening TP cover, it was found that R and B phases wire had been cut. As a result, metering of electric current got disrupted. The meter was showing NIL consumption.
2. The seal of window cover of Pole meter was also found tampered. Two seals of TP cover were also tampered. In said meter also, on account of cutting of wires of R and B phases, the meter was recording zero consumption. However, the transformer was recording 112 Amp on R phase, 120 Amp on Y phase and 125 Amp on B phase when tested with trunk tester. Apparently, the petitioner had rendered the meter dysfunctional so as not to record any electricity consumption. The respondents took MRI reading and thereafter all the three meters were dismantled and sealed in presence of the petitioners' representative and sent for testing. An inspection report was prepared on the spot mentioning the aforesaid facts and th
The court upheld the validity of the assessment bill for unauthorized use of electricity based on proven tampering of meters, affirming the appellate authority's findings.
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
The assessment of unauthorized electricity use necessitates adherence to connected load guidelines, with special consideration given to meter tampering issues under Section 126 of the Electricity Act....
The assessment of electricity charges in cases of theft or unauthorized use of electricity must follow the procedure under Section 126 of the Act, 2003. The court emphasized the importance of procedu....
Provisional assessment under Electricity Act Section 126 invalid without inspection of consumer premises or records maintained by consumer; licensee’s internal MRI/consumer records insufficient basis....
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
The court affirmed that unauthorized use of electricity was established through tampering with the meter, justifying the final assessment bill under the Electricity Act.
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